Summary: Mrs M’s complains following her unsuccessful appeal for a place for her son, B, at a junior school. B was later offered a place at the school, so I have ended my investigation.

The complaint

1. Mrs M complains about her unsuccessful appeal for a place for her son, B, at a junior school. In particular, Mrs M complains:
• members of the appeal panel were abrupt and unsympathetic; and
• she felt uncomfortable addressing the panel in the presence of the school’s head teacher.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. The Ombudsman cannot question a school admission appeal panel’s decision simply because the complainant disagrees with it. We must consider if there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3))
3. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We may decide not to start or continue with an investigation if we believe:

• the fault has not caused injustice to the person who complained, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I have considered:
• Mrs M’s comments;
• all the information presented to the Appeal Panel, the notes taken by the Clerk during the appeal, and the Panel’s decision letter following the appeal; and
• the School Admissions Appeals Code 2012.
5. I invited Mrs M and the Council to comment on my draft decision.

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What I found

6. The Ombudsman checks the appeal was carried out properly. We do not decide whether Mrs M’s son should be given a place at the school. If we find fault in the appeal, we might recommend a fresh appeal. We cannot admit a child to the school.
7. Since making her complaint to the Ombudsman, Mrs M’s son was offered a place at the school. This is a better outcome than I could achieve and there is nothing to be gained by investigating the complaint further.
8. Following a meeting with the school’s head teacher, however, Mrs M turned down the offer of a place at the school. Mrs M is unhappy with the way the offer was handled and wishes to complain. This is a new complaint. The admission authority, the Council, must have an opportunity to respond before the Ombudsman can consider the complaint. Mrs M may wish to take the matter up with the Council.

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Final decision

9. As B was offered a place at the school, there is nothing more I could achieve for Mrs M by investigating her complaint about the appeal so I have ended my investigation.

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Investigator's decision on behalf of the Ombudsman